United States v. Michael G. Sprague, Sr.

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael G. SPRAGUE, Sr., Defendant-Appellant. No. 93-56379. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Michael G. Sprague, Sr. appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion alleging that he was entitled to credit toward his sentence for the time he was released from custody while awaiting his trial and sentencing. Sprague contends that the district court erred by denying his motion based upon lack of jurisdiction, and by finding that the restrictions on his liberty did not approach incarceration. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 "We review de novo a district court's assumption of jurisdiction." United States v. Peralta, 941 F.2d 1003, 1010 (9th Cir.1991), cert.…